In re Jayda S.

Mother
appeals the trial court's order terminating her parental
rights. Concluding that the record contains clear and
convincing evidence to support the trial court's findings
of a ground for termination and that termination is in the
child's best interest, we affirm.

Appellant
Denisha S. ("Mother") gave birth to a child, Jayda
S. ("Jayda" or "the child"), in April
2017 in Chattanooga.[1] Jayda is Mother's sixth child, none of
whom are in Mother's physical custody.[2] Jayda's
putative father was killed by Mother during a domestic
violence incident on December 14, 2016. Mother was deemed to
have acted in self-defense and not criminally charged
following the putative father's death.

When
giving birth to Jayda four months later, Mother tested
positive for cocaine while at Erlanger Health Systems. In a
previous hearing during Mother's pregnancy, Mother stated
that she used cocaine multiple times throughout her pregnancy
as a way to cope with the death of the child's father.
Mother tested positive for cocaine in three drug screens
between September 2016 and March 2017. On April 17, 2017, the
Tennessee Department of Children's Services
("DCS") received a referral regarding the positive
drug test and a potentially drug-exposed child. While the
child did not test positive for drugs, DCS filed a petition
for temporary legal custody and an ex parte order regarding
the child. Jayda was removed from Mother's custody and
placed into foster care on April 20, 2017. After Mother
waived her preliminary and adjudicatory hearings, the child
was deemed dependent and neglected by a Hamilton County
Juvenile Court magistrate in May 2017 because of Mother's
cocaine use during and after her pregnancy.

A
permanency plan was developed with the goal of returning the
child to Mother's care. That permanency plan required
Mother to: (1) complete a mental health assessment and follow
its recommendations, (2) complete an alcohol and drug
assessment and follow its recommendations, (3) submit to drug
screens to demonstrate being drug-free, (4) maintain stable
housing, (5) maintain employment, (6) pay child support, and
(7) participate in parenting classes and follow
recommendations of a parenting assessment. Mother signed the
permanency plan later ratified by the Hamilton County
Juvenile Court on July 12, 2017. DCS further advised Mother
about the circumstances that could lead to termination of her
parental rights.

Mother
was repeatedly incarcerated during her pregnancy and after
the child was born. While pregnant, Mother was jailed from
March 24 to March 27, 2017. Mother was later arrested on two
counts of theft and charges of criminal conspiracy and
fabricating evidence. She pleaded guilty to both theft
charges, while the remaining charges were dismissed. Mother
was incarcerated at the Hamilton County Jail on June 17, 2017
and subsequently transferred to the Silverdale Detention
Center. She remained at Silverdale Detention Center until
November 29, 2017, when she was transferred into the custody
of Catoosa County, Georgia officials on separate criminal
charges. Mother was released from custody on February 1, 2018
and referred to the Hamilton County Mental Health Court, but
was incarcerated again on March 12, 2018 after failing a drug
screen. She was released on April 10, 2018, nine days before
the petition to terminate parental rights was filed against
her. Following a separate probation violation, Mother was
taken into custody again on May 14, 2018, where she remained
when the trial on the termination petition occurred. At the
time of the trial, Mother was expected to be released in
November 2018, though it was unclear whether she would be
transferred into Catoosa County, Georgia to complete a
separate sentence.[3]

When
not incarcerated, Mother worked with DCS to fulfill the
department's permanency plan. Mother indicated that she
took several classes and assessments as part of the plan and
remained in contact with her DCS case worker. Mother has
maintained housing since Jayda was born and during her
periods of incarceration, though her family and friends have
kept up with the rental payments for the property. However,
Mother also failed the majority of the drug screens given to
her during the same time period: Mother failed multiple drug
screens through at least March 2018 and stated that she
continued to use cocaine through at least April 2018. Mother
visited Jayda nine times when she was not incarcerated, but
missed multiple additional visitation appointments. Mother
conceded that she had no meaningful relationship with her
daughter, particularly while she was in custody. A DCS worker
stated that Mother passed approximately two drug tests that
the department administered when she visited
Jayda.[4] Further, the child's siblings have had
limited interactions with the child since her birth. Since
Mother was incarcerated in 2018, she participated in multiple
classes regarding literacy, empowerment, and mental and
emotional "transformation." With the help of
others, Mother believes she can obtain a job upon her
release.

On
April 19, 2018, DCS filed a petition to terminate
Mother's parental rights to the child in the Hamilton
County Circuit Court ("the trial court"). As
initial grounds for termination, DCS alleged that Mother had
abandoned the child through wanton disregard, failed to
substantially comply with a permanency plan, and failed to
address persistent conditions that led to the loss of
custody. Further, DCS asserted that termination of parental
rights was in the child's best interest. While
incarcerated, Mother filed a two-page, handwritten response
challenging the petition to terminate. DCS initially moved
for the court to grant a default judgment and requested a
guardian ad litem be appointed on June 29, 2018. DCS later
withdrew the motion for default judgment and requested that
the trial court appoint counsel for Mother. Counsel for
Mother was appointed on July 20, 2018, and the matter was set
for trial.

The
trial occurred on September 28, 2018. At trial, DCS withdrew
its claim that Mother did not substantially comply with the
permanency plan. Mother testified about her criminal record,
the death of the child's father, her history with drug
abuse, her visits with the child, and the steps she has taken
in and out of incarceration to rehabilitate herself. A DCS
case worker testified that she served as the child's
social worker since the child's entrance into foster
care, and that DCS and Mother developed a permanency plan
later ratified by the juvenile court. While Mother maintained
housing, the case worker testified that Mother could not
financially support herself when out of custody and failed to
follow the recommendations that resulted from her mental
health and drug and alcohol assessments.

The
child's foster mother ("Foster Mother")
testified that the child met developmental goals and bonded
with her foster family. According to Foster Mother, a change
in caretakers would be devastating to the child. DCS agreed
that the child's current living situation was stable and
loving, and said that her foster wanted to adopt her if
possible.

Mother's
pastor and friend testified in support of Mother, saying that
she was a good parent to all of her children and had made
positive changes in the months since the child was
born.[5] Mother's pastor and friend spent
limited time with Mother since the birth of the child at
issue in this appeal. Mother's friend stated that she
would assist Mother in finding work and offer support when
she was released from incarceration.

At the
conclusion of proof, the trial court orally ruled that DCS
established that Mother had been incarcerated for all or part
of the four months before the petition to terminate parental
rights was filed. Further, the trial court found that DCS had
proven by clear and convincing evidence that Mother exhibited
wanton disregard for the child through her substance abuse
and repeated incarceration during and after Mother's
pregnancy. However, the trial court ruled in favor of Mother
regarding the persistent conditions claim.

Finally,
the trial court found by clear and convincing evidence that
termination of Mother's parental rights would be in the
best interests of the child. In analyzing the best interest
factors, the trial court found that Mother had failed to make
necessary changes to her conduct and lifestyle for the child
to be safe at home or for lasting change to appear possible.
Further, the trial court found that Mother had not regularly
visited the child, that no meaningful relationship existed
between Mother and the child, and that a transfer of custody
would be detrimental to the child. Additionally, the trial
court found that Mother's history with drug abuse and her
mental and emotional state could make her unable to
effectively parent the child. Consequently, the trial court
granted DCS's petition to terminate Mother's parental
rights. A written order to that effect was entered on January
30, 2019. Mother filed a timely notice of appeal.

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Issues
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